|
| |
| |
(b) | the development of any future safeguards obligations. |
| |
(2) | In subsection (1)(a) “the safeguards obligations” has the meaning given by |
| |
| |
| |
(1) | In this Part, the “transport purposes” means the purposes of— |
| 5 |
(a) | protecting against risks relating to the civil transport of radioactive |
| |
material in Great Britain by road, rail or inland waterway which arise |
| |
out of, or in connection with, the radioactive nature of the material, and |
| |
(b) | ensuring the security of radioactive material during civil transport in |
| |
Great Britain by road, rail or inland waterway. |
| 10 |
| |
(a) | “civil transport” means transport otherwise than for the purposes of the |
| |
department of the Secretary of State with responsibility for defence; |
| |
(b) | “radioactive material”— |
| |
(i) | in relation to transport by road, has the same meaning as in |
| 15 |
| |
(ii) | in relation to transport by rail, has the same meaning as in RID, |
| |
| |
(iii) | in relation to transport by inland waterway, has the same |
| |
| 20 |
(c) | the transport of material begins with any preparatory process (such as |
| |
packaging) and continues until the material has been unloaded at its |
| |
| |
(3) | In subsection (2)(b)— |
| |
“ADN” means the Regulations annexed to the European Agreement |
| 25 |
concerning the International Carriage of Dangerous Goods by Inland |
| |
Waterway (signed at Geneva on 26 May 2000); |
| |
“ADR” means Annexes A and B to the European Agreement concerning |
| |
the International Carriage of Dangerous Goods by Road (signed at |
| |
Geneva on 30 September 1957); |
| 30 |
“RID” means the Annex to Appendix C to the Convention concerning |
| |
International Carriage by Rail (signed at Berne on 9 May 1980) (the |
| |
Regulation concerning the International Carriage of Dangerous Goods |
| |
| |
| and any reference to, or to an appendix to, an Agreement, a Convention or a |
| 35 |
Treaty, or to an annex to any of them, is to it as it has effect for the time being. |
| |
(4) | The Secretary of State may by regulations modify the definition of “radioactive |
| |
| |
| |
| 40 |
| |
(1) | The Secretary of State may make regulations (to be known as “nuclear |
| |
regulations”) for any of the following purposes— |
| |
| |
| |
|
| |
| |
(a) | the nuclear safety purposes; |
| |
(b) | the nuclear security purposes; |
| |
(c) | the nuclear safeguards purposes; |
| |
(d) | the transport purposes. |
| |
(2) | Schedule 6 (which gives examples of particular kinds of provision that may be |
| 5 |
made by nuclear regulations) has effect. |
| |
(3) | Nuclear regulations may— |
| |
(a) | confer functions on the ONR; |
| |
(b) | create powers which inspectors may be authorised to exercise by their |
| |
instruments of appointment under paragraph 2 of Schedule 8; |
| 10 |
(c) | create offences (as to which see section 59); |
| |
| |
(i) | any of the provisions of the Nuclear Installations Act 1965 that |
| |
are relevant statutory provisions; |
| |
(ii) | any provision of the Nuclear Safeguards Act 2000; |
| 15 |
(e) | provide for exemptions (including conditional exemptions) from any |
| |
prohibition or requirement imposed by or under any of the relevant |
| |
| |
(f) | provide for defences in relation to offences under any of the relevant |
| |
| 20 |
(g) | provide for references in the regulations to any specified document to |
| |
operate as references to that document as revised or re-issued from |
| |
| |
(4) | Provision that may be included by virtue of subsection (3)(a) includes, in |
| |
| 25 |
(a) | provision requiring compliance with directions by the ONR; |
| |
(b) | provision conferring power for the ONR to authorise other persons to |
| |
exercise functions relating to the grant of exemptions of a kind |
| |
mentioned in subsection (3)(e). |
| |
(5) | Nuclear regulations may make provision— |
| 30 |
(a) | applying to acts done outside the United Kingdom by United Kingdom |
| |
| |
(b) | for enabling offences under any of the relevant statutory provisions to |
| |
be treated as having been committed at any specified place for the |
| |
purpose of conferring jurisdiction on any court in relation to any such |
| 35 |
| |
(6) | In subsection (5) “United Kingdom person” means— |
| |
(a) | an individual who is— |
| |
(i) | a British citizen, a British overseas territories citizen, a British |
| |
National (Overseas) or a British Overseas citizen, |
| 40 |
(ii) | a person who under the British Nationality Act 1981 is a British |
| |
| |
(iii) | a British protected person within the meaning of that Act, |
| |
(b) | a Scottish partnership, or |
| |
(c) | a body incorporated under the law of any part of the United Kingdom. |
| 45 |
(7) | Before making nuclear regulations, the Secretary of State must consult— |
| |
| |
| |
| |
|
| |
| |
(b) | if the regulations would modify any provision of health and safety |
| |
regulations (within the meaning of Part 1 of the 1974 Act), the Health |
| |
and Safety Executive, and |
| |
(c) | such other persons (if any) as the Secretary of State considers it |
| |
| 5 |
(8) | Subsection (7)(a) does not apply if the regulations give effect, without |
| |
modification, to proposals submitted by the ONR under section 64(1)(a)(i). |
| |
(9) | Nuclear regulations which include any provisions to which any paragraph of |
| |
subsection (10) applies must identify those provisions as such. |
| |
(10) | This subsection applies to any provisions of nuclear regulations which are |
| 10 |
| |
(a) | the nuclear security purposes, |
| |
(b) | the nuclear safeguards purposes, or |
| |
(c) | both of those purposes, |
| |
| and for no other purpose. |
| 15 |
(11) | In this section (and Schedule 6) “specified” means specified in nuclear |
| |
| |
59 | Nuclear regulations: offences |
| |
(1) | Nuclear regulations may provide for an offence under the regulations to be |
| |
| 20 |
| |
(b) | either summarily or on indictment. |
| |
(2) | Nuclear regulations may provide for an offence under the regulations that is |
| |
triable either way to be punishable— |
| |
(a) | on conviction on indictment— |
| 25 |
(i) | with imprisonment for a term not exceeding the period |
| |
specified, which may not exceed 2 years, |
| |
| |
| |
(b) | on summary conviction— |
| 30 |
(i) | with imprisonment for a term not exceeding the period |
| |
| |
(ii) | with a fine not exceeding the amount specified (which must not |
| |
| |
| 35 |
(3) | A period specified under subsection (2)(b)(i) may not exceed— |
| |
(a) | in relation to England and Wales— |
| |
(i) | 6 months, in relation to offences committed before the date on |
| |
which section 154(1) of the Criminal Justice Act 2003 (general |
| |
limit on magistrates’ court’s power to imprison) comes into |
| 40 |
| |
(ii) | 12 months, in relation to offences committed after that date, |
| |
(b) | in relation to Scotland, 12 months, |
| |
(c) | in relation to Northern Ireland, 6 months. |
| |
| |
| |
|
| |
| |
(4) | Nuclear regulations may provide for a summary offence under the regulations |
| |
| |
(a) | with imprisonment for a term not exceeding the period specified, |
| |
(b) | with a fine not exceeding the amount specified, which must not exceed |
| |
level 5 on the standard scale, or |
| 5 |
| |
(5) | A period specified under subsection (4)(a) may not exceed— |
| |
(a) | in relation to England and Wales— |
| |
(i) | 6 months, in relation to offences committed before the date on |
| |
which section 281(5) of the Criminal Justice Act 2003 (alteration |
| 10 |
of penalties for summary offences) comes into force, or |
| |
(ii) | 51 weeks, in relation to offences committed after that date, |
| |
(b) | in relation to Scotland, 12 months, |
| |
(c) | in relation to Northern Ireland, 6 months. |
| |
(6) | In this section “specified” means specified in nuclear regulations. |
| 15 |
60 | Civil liability for breach of nuclear regulations |
| |
(1) | Breach of a duty imposed by nuclear regulations is actionable to the extent that |
| |
it causes damage (and whether or not the breach constitutes an offence). |
| |
(2) | Any term of an agreement is void to the extent that it purports to exclude or |
| |
| 20 |
(a) | the operation of subsection (1), or |
| |
(b) | any liability arising by virtue of that subsection. |
| |
(3) | Nuclear regulations may provide— |
| |
(a) | for subsection (1) or (2) not to apply in specified circumstances; |
| |
(b) | for any specified defence to be available in any action under subsection |
| 25 |
| |
(4) | Nothing in subsection (1) or (3)(b) affects any right of action or defence which |
| |
otherwise exists or may be available. |
| |
| |
“damage” includes the death of any person or any personal injury; |
| 30 |
“specified” means specified in nuclear regulations. |
| |
| |
Office for Nuclear Regulation |
| |
61 | The Office for Nuclear Regulation |
| |
(1) | There is to be a body corporate known as the Office for Nuclear Regulation. |
| 35 |
(2) | In this Part that body is referred to as “the ONR”. |
| |
(3) | Schedule 7 makes further provision about the ONR. |
| |
| |
| |
|
| |
| |
| |
| |
Functions of ONR: general |
| |
| |
(1) | The ONR must do whatever it considers appropriate for the ONR’s purposes. |
| 5 |
(2) | That includes, so far as it considers appropriate, assisting and encouraging |
| |
others to further those purposes. |
| |
| |
(1) | The ONR may, with the consent of the Secretary of State, issue codes of practice |
| |
giving practical guidance as to the requirements of any provision of the |
| 10 |
relevant statutory provisions. |
| |
(2) | The ONR may, with the consent of the Secretary of State, revise or withdraw a |
| |
code of practice issued under this section. |
| |
(3) | Before seeking the consent of the Secretary of State under subsection (1) or (2), |
| |
| 15 |
(a) | any government department or other person that the Secretary of State |
| |
has directed the ONR to consult, and |
| |
(b) | any other government department or other person that the ONR |
| |
considers it appropriate to consult. |
| |
(4) | A direction under subsection (3)(a) may be general or may relate to a particular |
| 20 |
code, or codes of a particular kind. |
| |
| |
(a) | publish any code of practice issued under this section; |
| |
(b) | when it revises such a code, publish a copy of the revised code; |
| |
(c) | when it withdraws such a code, publish a notice to that effect. |
| 25 |
(6) | A code of practice (including a revised code) must specify the relevant |
| |
statutory provisions to which it relates. |
| |
(7) | References in this Part to an approved code of practice are references to a code |
| |
issued under this section as it has effect for the time being. |
| |
(8) | A person’s failure to observe any provision of an approved code of practice |
| 30 |
does not of itself make the person liable to any civil or criminal proceedings. |
| |
(9) | But subsections (10) to (12) apply to any proceedings for an offence where— |
| |
(a) | the offence consists of failing to comply with any requirement or |
| |
prohibition imposed by or under any of the relevant statutory |
| |
| 35 |
(b) | at the time of the alleged failure, there was an approved code of practice |
| |
relating to the provision. |
| |
(10) | Any provision of the code of practice which appears to the court to be relevant |
| |
to the alleged offence is admissible in evidence in the proceedings. |
| |
| 40 |
| |
| |
|
| |
| |
(a) | in order to establish that the defendant failed to comply with the |
| |
requirement or prohibition, the prosecution must prove any matter, |
| |
(b) | the court is satisfied that a provision of the code of practice is relevant |
| |
| |
(c) | the prosecution prove that, at a material time, the defendant failed to |
| 5 |
observe that provision of the code of practice, |
| |
| that matter is to be taken as proved unless the defendant proves that the |
| |
requirement or prohibition was complied with in some other way. |
| |
(12) | A document purporting to be an approved code of practice is to be taken to be |
| |
such an approved code unless the contrary is proved. |
| 10 |
64 | Proposals about orders and regulations |
| |
(1) | The ONR may from time to time— |
| |
(a) | submit proposals to the Secretary of State for— |
| |
| |
(ii) | regulations under section 68, |
| 15 |
(iii) | regulations under section 84, |
| |
(iv) | health and safety fees regulations, or |
| |
(v) | orders or regulations under a relevant enactment; |
| |
(b) | submit proposals to the Health and Safety Executive for relevant health |
| |
| 20 |
| |
“health and safety fees regulations” means regulations under section 43(2) |
| |
of the 1974 Act in relation to fees payable for or in connection with the |
| |
performance of a function by or on behalf of— |
| |
| 25 |
(b) | a health and safety inspector; |
| |
“relevant enactment” means— |
| |
(a) | section 3 of the Nuclear Safeguards and Electricity (Finance) Act |
| |
1978 (regulations for giving effect to certain provisions of |
| |
| 30 |
(b) | section 3 of the Nuclear Safeguards Act 2000 (identifying |
| |
persons who have information); |
| |
(c) | section 5(3) of that Act (rights of access for Agency inspectors); |
| |
(d) | section 80 of the Anti-terrorism, Crime and Security Act 2001 |
| |
(prohibition of disclosures of uranium enrichment technology); |
| 35 |
“relevant health and safety regulations” means regulations under section |
| |
15 of the 1974 Act so far as they can be made for the nuclear site health |
| |
| |
(3) | Before submitting any such proposal, the ONR must consult— |
| |
(a) | any government department or other person that the Secretary of State |
| 40 |
has directed the ONR to consult, and |
| |
(b) | any other government department or other person that the ONR |
| |
considers it appropriate to consult. |
| |
(4) | A direction under subsection (3)(a) may be general or may relate to a particular |
| |
proposal, or to proposals of a particular kind. |
| 45 |
| |
| |
|
